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2026 Supreme(Online)(Jhk) 1911

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Deepak Kumar Mahato – Appellant
Versus
The State of Jharkhand – Respondent
W.P. (C) No. 6048 of 2013



IN THE HIGH COURT OF JHARKHAND AT RANCHI

1(a). Deepak Kumar Mahato, S/o Late Ajit Prasad Mahato

1(b). Binay Kumar Mahto, S/o Late Ajit Prasad Mahato

1(c). Vimal Kumar, S/o Late Ajit Prasad Mahato

1(d). Rajesh Kumar Mahto, S/o Late Ajit Prasad Mahato

2. Sachindra Nath Mahato, S/o Late Joginder Nath Mahato, All residents of Village- Kultar, P.O. & P.S. Pathardih Coal Washery, Distt.

Dhanbad, State- Jharkhand … Petitioners -Versus-

1. The State of Jharkhand

2. The Principal Secretary, Department of Revenue, Project Building, P.O.

Dhurwa, P.S. Jagannathpur, Distt. Ranchi, State- Jharkhand

3. The Deputy Commissioner, Dhanbad, P.O., P.S. & District- Dhanbad, Jharkhand

4. M/s Bharat Coking Coal Limited, having its registered office at Koiyla Bhawan, Koiyla Nagar, P.O. & P.S. Seraidhela, District- Dhanbad, Jharkhand through its Chairman

5. The Chairman cum Managing Director of M/s Bharat Coking Coal Limited, having its registered office at Koiyla Bhawan, Koiyla Nagar, P.O. & P.S. Seraidhela, District- Dhanbad, Jharkhand … Respondents -----

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI -----

For the Petitioners : Mr. Mahesh Tewari, Advocate Mr. Shwetang Kumar Tiwari, Advocate For the Respondent-State : Mr. Rohitashya Roy, A.G.

Mr. Ashwini Bhushan, A.C. to Sr. S.C.-II For the Respondent-BCCL : Mr. Ajay Kumar Sah, Advocate -----

29/21.07.2026 Heard Mr. Mahesh Tewari, learned counsel appearing for the petitioners, Mr. Rohitashya Roy, learned Advocate General appearing for the respondent- State and Mr. Ajay Kumar Sah, learned counsel appearing for the respondent-

BCCL.

2. This writ petition has been filed under Article 226 of the Constitution of India, wherein, following prayers have been made:

A. For an appropriate Writ(s) in the nature of Mandamus, commanding upon the Respondents, particularly Respondent Nos.1, 2 and 3 to send to this Hon’ble Court all records relating to the acquisition of more than 200 acres of agricultural land belonging to the ancestors of these petitioners and other villagers which had been acquired by a Land Acquisition Proceeding in the year 1957;

B. And thereafter compensation of the same, meager in amount without any service benefits and without any R and R Policy have been paid to the ancestors in Mauja:- Parasbania vide L.A. Case No.48 of 1960-61 for acquisition of land at Parasbania for the Pathardih Washery and vide L.A. No.48/1960-61 Mauza:- Chandrabad, within Thana Jharia, District- Dhanbad, Jharkhand;

C. Thereafter for a further direction be made to the respondents to show cause to this Hon’ble Court as to under what authority of the law, have the B.C.C.L. exercised its power of transferring a major portion of the said land in favour of one Private Company running under the name and style of Monet Group Industries (Monet Ispat Power Energy Private Limited) and have entered into a Memorandum of Understanding with the said Monet Group for construction of a Coal Washery without even taking into consideration the fact that if the agricultural lands of the ancestors of these petitioners have been acquired by the Respondent-State for the Pathardih Coal Washery by the then Company, namely, Hindustan Steel Limited, transferred the same to SAIL, subsequently to M/s B.C.C.L. and now can the same be transferred to the Monet Group of Industries against the provisions established by law;

D. And for a further direction upon the Respondents either to return the said land to the petitioners why the legal heirs of their ancestors from whom these lands were acquired and if the same is not used for the purpose for which it was acquired, the same may be returned to the petitioners under Sections 36 and 48 of the Land Acquisition Act, 1894, in view of the fact that Section 44A of the Land Acquisition Act, 1894 completely bars and de horse the transfer of such lands to any private company and should be restored to the legal heirs of those persons from which it had been acquired for certain specific purpose;

E. And thereafter for a further directi

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